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this post was submitted on 21 Aug 2023
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It is a suggestion when the people enforcing it do not follow the suggestion. At least where I am the definition is so lose that driving falls under distracted driving. And it is a victimless crime up until someone crashes into another, but hey, we have laws that say that is a crime (reckless endangerment). Putting extra layers on this and expecting people to fight every wrongful ticket is not a good idea.
You realise you're applying what I'm assuming are US laws to a study based on English and Welsh laws, yes?
Distracted driving is not an offence, the use (or causing or permitting the use of) a mobile phone is an offence. For more broad issues, then charges of Careless (or even Dangerous) Driving would apply.
Plus your logic is so full of holes, it sinks faster than an Oceangate sub. You could use that angle to argue that throwing axes in a primary school is a victimless crime until someone gets hurt.
I am not from the US. And I have witnessed the full stupidity of her majesty's (I will be cold in the ground before I recognise king sausage hands) courts work with distracted driving (I was on the receiving end).